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No. 084; Section 3-1-3, 4-1-16: descriptiveness/misdescriptiveness refusal;
LEATHEREDITIONS for furniture etc.;
Appeal No. 2013-650050(February 5, 2014)

Bottom line: The Board found LEATHEREDITIONS is not descriptive or misdescriptive with respect to furniture and the bringing together of a variety of furniture for the benefit of others.

The applicant sought registration of LEATHEREDITIONS as shown below for various furniture in Class 20 and the bringing together of a variety of furniture for the benefit of others in Class 35.

<Applied-for mark>

The examiner found that both “leather” and “editions” are commonly used words.  The applied-for mark as a whole means “leather editions” and it merely indicates the material (quality) of the goods or quality (contents) of services when used for the designated goods/services.  Therefore, it is descriptive for goods made of leather and services relating leather items, and misdescriptive for other goods/services.

The Board noted that though the mark has different shades, LEATHER and EDITIONS in the applied-for mark are written in the same size and font, and are visually unified.  While LEATHER is a commonly known English word, EDITIONS is a term commonly used in publishing industry, and the combined term of these two words is not a familiar English expression.  Coupled with the visual bond, the applied-for mark will not be understood to indicate the quality of the goods/services.

And so the Board reversed the examiner’s refusal.


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